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HomeMy WebLinkAbout2013-2565.Zavitz.14-05-23 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2013-2565 UNION#2013-0102-0024 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Zavitz) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFORE Ian Anderson Vice-Chair FOR THE UNION Alison Nielsen-Jones Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Heather McIvor Ministry of Government Services Legal Services Branch Counsel HEARING May 16, 2014 - 2 - Decision [1] This grievance relates to a Performance Development and Learning Plan (“PDLP”) the Grievor received from his manager for the period April 1, 2012 to March 31, 2013. The PDLP contained certain comments which the Grievor alleges are in breach of Article 3.2 of the collective agreement. Those comments were subsequently removed from the PDLP. [2] Article 3.2 provides: There shall be no discrimination or harassment practiced by reason of an employee’s membership or activity in the Union. [3] Having considered the submissions of the parties, I declare that Article 3.2 was breached by the inclusion of the comments in the PDLP. Had the employer not already done so, I would have ordered them removed. Dated at Toronto, Ontario this 23rd day of May 2014. Ian Anderson, Vice-Chair